Child born outside UK for naturalisation??? pls advise

[ukstay2]

Hello

Me and my 5 yr old son got ILR last year. Now when I was preparing to apply for naturalisation NCS told me that my son doesn't qualify as my wife do not hold ILR and son is born outside UK?

Can someone please advise if there is anyway or criteria my son can qualify for naturalisation? or will postal application help?

Please help!

Thanks

[chocolateorange88]

Yes that's right. once you get BC then you can apply for your son!

[noajthan]

Hello

Me and my 5 yr old son got ILR last year. Now when I was preparing to apply for naturalisation NCS told me that my son doesn't qualify as my wife do not hold ILR and son is born outside UK?

Can someone please advise if there is anyway or criteria my son can qualify for naturalisation? or will postal application help?

Please help!

Thanks

Note Children are registered to acquire UK citizenship; (naturalisation is for adults).

See the forum's Citizenship FAQs - there's a section about children:
british-citizenship/citizenship-faqs-co ... 95747.html

And here is UK gov guide for registration of children:
https://www.gov.uk/government/uploads/s ... e_2015.pdf

You can use this to decide under which section of the BNA your child would qualify for citizenship.
If born outside UK to non-British citizens it will be discretionary registration, most likely under section 3(1).

[ukstay2]

Thank you for your reply guys!

@ yesilgozlerim : Will it help if I apply after getting my BC? For section 3(1) the guide read:

Children in this category will be considered at the Home Secretary’s
discretion and will usually be registered only if both the parents are granted or already
hold British citizenship, or if one parent holds British citizenship and the other is
settled in the UK.

Any other advise please. Advise if you know any good solicitor please.

Thanks

[noajthan]

Thank you for your reply guys!

@ yesilgozlerim : Will it help if I apply after getting my BC? For section 3(1) the guide read:

Children in this category will be considered at the Home Secretary’s
discretion and will usually be registered only if both the parents are granted or already
hold British citizenship, or if one parent holds British citizenship and the other is
settled in the UK.

Any other advise please. Advise if you know any good solicitor please.

Thanks

My understanding is the parents both have to be naturalised, or one naturalised & the other settled in UK, for example with ILR.

A solicitor would not normally be necessary.
You can apply by yourself or, for a reasonable extra cost (typically around £50 - £70), you could use your local council's NCS (nationality checking) service to help you apply.

[ukstay2]

@ noajthan : I would want to see solicitor for advise as sections and criteria's on guide are quite complicated/confusing.

[secret.simon]

@ noajthan : I would want to see solicitor for advise as sections and criteria's on guide are quite complicated/confusing.

Please keep us posted about what the solicitor advises, for the knowledge of the forum.

I am perturbed at what you found confusing.

In order to register a child born outside the UK, one parent needs to be a citizen and the other either a citizen or on ILR/PR.

The rules are different in case the child is born in the UK. In that case, the child is entitled to be registered when either parent gets ILR/PR.

I would think that is quite clear.